RIVERBEDS: Title properly quieted to US for 4 “Segments” of rivers and to the State for 1 segment… Christensen affirmed. [Read more…]
Insurance, UTPA claim-splitting, res judicata
INSURANCE: Montana mining company’s claim-splitting UTPA claims against adjuster barred by res judicata of Delaware court’s resolution of claims against insurers… Restatement of Judgments exceptions inapposite… discovery on the issue of agency denied in light of Plaintiff’s admission of facts sufficient to establish privity between insurer and adjuster… Wald. [Read more…]
Coal mine expansion, permit rulings, attorney fees
COAL MINE EXPANSION permit rulings affirmed in part, reversed in part, remanded for rehearing by BER and recalculation of attorney fees from the $862,755 awarded Conservation Groups for both administrative and judicial proceedings… Bidegaray affirmed, reversed. [Read more…]
Appellate procedure, denial of stay pending appeal
APPELLATE PROCEDURE: Denial of stay pending appeal of reversal of coal strip-mine permit reversed… Bidegaray reversed (order). [Read more…]
Abortion services, 2021 restrictions preliminary enjoined
ABORTION SERVICES: 2021 laws regulating or restricting abortions properly preliminarily enjoined… Moses affirmed. [Read more…]
University System, gun control authority
UNIVERSITY SYSTEM has constitutional authority to regulate firearms on campuses… McMahon affirmed. [Read more…]
Jurisdiction, ND oil well death of Montanan
JURISDICTION: Cert declined over Montana Supreme Court’s ruling that whether Oklahoma corporation is subject to Montana specific jurisdiction in suit stemming from ND oil well death of Montanan depends on whether Plaintiff can prove at trial liability for torts of independent contractors… order. [Read more…]
Jurisdiction, Oklahoma corporation, ND oil well death
JURISDICTION: Whether Oklahoma corporation is subject to Montana specific jurisdiction in suit stemming from ND oil well death of Montanan depends on whether Plaintiff can prove at trial liability for torts of independent contractors… Rieger reversed. [Read more…]
Ethics code, Regents, CPP jurisdiction
ETHICS CODE: Regent is a public employee under Code but no CPP jurisdiction over Regents, Regent’s questions concerning 6-Mill Levy at Board meeting not violative of Code… Todd reversed, affirmed. [Read more…]
Prisoners, “horrific treatment” of MSP mentally ill
PRISONERS: Claims of “horrific treatment” of mentally ill MSP inmates improperly dismissed for failure to state claim under 8th Amendment and §1983… refusal to revisit ruling when advised that it was based on the wrong case requires reassignment to different judge on remand… Haddon reversed. [Read more…]